65. In most states, for a deed to be recorded, it must be in writing and
Answer: C
For a deed to be recorded, it must be in writing and acknowledged.
A deed must not only be in writing but also acknowledged to be eligible for recording in most states.
A) signed by the buyer
While the signature of the buyer is often required for the validity of a deed, it is not a universal requirement for recording. The primary condition for recording is that the deed be acknowledged, which signifies that the parties signed it voluntarily and in the presence of a notary or authorized official.
B) include the sales price
Including the sales price in a deed is not a standard requirement for recording. The essential requirement is that the deed must be acknowledged; thus, the absence of a sales price does not prevent a deed from being recorded.
C) acknowledged.
Acknowledgment is a critical step in the recording process as it verifies that the parties involved have signed the deed willingly and in front of a notary or authorized official. This requirement helps ensure the authenticity of the document and protects against fraud.
D) free of all liens.
A deed does not need to be free of liens for it to be recorded. The existence of liens or encumbrances does not affect the ability to record the deed; acknowledgment is the crucial factor for recording.
Conclusion
Acknowledgment is essential for the recording of a deed in most jurisdictions, as it confirms the legitimacy of the signatures and the intent of the parties involved. Other options, such as requiring a buyer's signature or the inclusion of a sales price, do not hold the same weight in the recording process, making option C the definitive correct answer.